IM8-H 

WH5uj 


LAWS 


OF 

WISCONSIN 


Relating  to  the  Manufacture 
Sale  or  Transportation  of 
Intoxicating 
Liquors 


1919 


iot  ‘•‘l 

OEC* 


■ ,  •''St 


f  or  *'  IW* 


'IS 


Published  by 

STATE  PROHIBITION  COMMISSIONER  4 
Madison,  Wis. 


CHAPTER  556,  LAWS  OF  1919 


An  Act 

To  suspend  the  operation  of  chapter  66  of  the 
statutes  of  1917  entitled  “Excise  and  the  sale 
of  intoxicating  liquors”  and  to  create  sections 
1569 — 1  to  1569 — 22,  inclusive  of  the  statutes, 
relating  to  intoxicating  liquors,  to  provide  for 
the  enforcement  of  Article  18  of  the  Constitu¬ 
tion  of  the  United  States,  providing  penalties, 
making  an  appropriation  and  defining  intoxi¬ 
cating  liquor. 

Section  1.  Chapter  66  of  the  statutes  of  Wis¬ 
consin  for  1917,  entitled  “Excise  and  the  sale 
of  intoxicating  liquors”  is  hereby  suspended 
and  declared  to  be  inoperative  so  long  as  this 
act  shall  be  and  remain  in  force  and  effect. 

Section  2.  Twenty-two  new  sections  are 
added  to  the  statutes  to  read:  Section  1569 — 1. 
After  this  act  becomes  operative,  the  manufac¬ 
ture,  sale  or  transportation  of  intoxicating  liq¬ 
uors,  as  herein  defined,  within,  the  importation 
thereof  into,  or  the  exportation  thereof  from 
the  state  of  Wisconsin,  except  as  may  be  herein 
or  hereafter  provided,  is  hereby  prohibited. 

Section  1569 — 2.  This  act  shall  be  deemed  to 
be  an  exercise  of  the  power  reserved  by  and 
granted  to  this  state  by  Article  18  of  the  consti¬ 
tution  of  the  United  States. 

Section  1569 — 3.  Intoxicating  liquor,  within 
the  purview  of  said  constitutional  amendment 
and  the  provisions  of  this  act  shall  be  construed 
[  2  ] 


9V? 


/ 7/.  / 

Mis'll 

to  be  and  include  all  liquors  and  drinks  of 
whatsoever  name  or  description,  including  pat¬ 
ent  or  proprietary  medicines,  capable  of  being 
used  as  a  beverage  containing  more  than  two 
and  one-half  per  centum  of  alcohol  by  weight  at 
sixty  degrees  Fahrenheit.  But  if  the  congress 
of  the  United  States  shall  hereafter  by  a  valid 
act  which  shall  become  the  law  of  the  land  and 
be  paramount  to  any  state  laws  on  the  subject, 
define  the  words  “intoxicating  liquors”  as  used 
in  article  18  of  the  constitution  of  the  United 
States,  then  such  definition,  from  the  time  such 
act  of  congress  becomes  operative,  shall  be  the 
definition  thereof  under  this  subdivision. 

Section  1569 — 4.  Pure  grain  alcohol,  wines 
and  other  liquors,  containing  more  than  two 
and  one-half  percentum  of  alcohol  by  weight, 
may  be  manufactured  in  or  imported  into  or 
exported  from  this  state  for  medicinal,  mechan¬ 
ical,  scientific  and  sacramental  purposes  and 
sold  for  such  purposes  only  and  may  be  so  sold 
as  herein  provided  and  not  otherwise.  Dena- 
v  -fured  alcohol  may  be  freely  manufactured  and 
X  Void,  provided  its  manufacture  complies  strictly 
3  with  the  laws  now  or  hereafter  enacted  by  con¬ 
gress  relative  thereto  and  the  rules  and  regula¬ 
tions  issued  by  the  department  of  internal  rev¬ 
enue. 

Section  1569—5.  There  is  hereby  created  the 
office  of  “Prohibition  Commissioner.”  On  or  be¬ 
fore,  the  sixteenth  day  of  January,  1920,  the  gov¬ 
ernor  shall,  by  and  with  the  advice  and  consent 
of  the  senate,  appoint  a  suitable  person  as  such 
prohibition  commissioner.  Such  prohibition 
commissioner  shall  have  his  office  in  the  capitol, 
at  Madison,  to  be  provided  at  public  expense, 
and  such  officer  shall  hold  his  office  for  the  term 
F  3  ] 


\ 


to 


of  four  years  from  and  after  the  date  of  his 
appointment  and  until  his  successor  shall  be 
appointed.  Any  vacancy  occurring  in  said  office 
shall  likewise  be  filled  by  executive  appoint¬ 
ment.  Said  prohibition  commissioner  shall  re¬ 
ceive  a  salary  of  four  thousand  dollars  per  year 
and  his  actual  and  necessary  expenses  incurred 
in  the  discharge  of  his  duties.  He  shall  take 
and  subscribe  the  constitutional  oath  of  office 
and  file  a  bond,  for  the  faithful  discharge  of  his 
official  duties,  in  the  sum  of  twenty-five  thou¬ 
sand  dollars,  which  shall  be  approved  by  the 
governor.  Such  prohibition  commissioner  may 
appoint  necessary  deputies,  to  be  known  and 
designated  as  “Deputy  Prohibition  Commission¬ 
ers,”  and  may  employ  all  necessary  clerks  and 
fix  the  compensation  and  remuneration  of  all 
such  deputies  and  clerks  so  appointed  and  file 
all  such  appointments,  together  with  a  state¬ 
ment  showing  the  compensation  or  salary  so 
fixed,  prior  to  the  employe  or  appointee  entering 
upon  his  duties  or  employment,  with  the  secre¬ 
tary  of  state;  and  such  appointee  or  employe 
shall  receive  the  compensation  so  fixed,  to  be 
audited,  allowed  and  paid  on  the  certificate  of 
the  prohibition  commissioner  in  the  same  man¬ 
ner  as  salaries  and  compensations  are  now  al¬ 
lowed  and  paid  to  state  officials  and  employes. 
The  prohibition  commissioner  shall  have  and 
possess  a  suitable  official  seal,  and  all  permits 
issued  by  him  under  the  provisions  of  this  act 
shall  have  affixed  thereto  a  clear  impression  of 
said  official  seal.  Other  documents  may  be  au¬ 
thenticated  by  a  printed  copy  of  the  impression 
of  said  official  seal.  Said  deputies  may  perform 
all  or  any  of  the  duties  herein  provided  to  be 
performed  by  the  prohibition  commissioner.  All 
[4] 


such  deputies  shall  file  such  bond  as  the  prohi¬ 
bition  commissioner  shall  require,  to  be  ap¬ 
proved  by  the  prohibition  commissioner.  It 
shall  be  the  duty  of  the  prohibition  commis¬ 
sioner  to  exercise  and  perform  all  the  duties 
and  acts  required  of  him  by  this  act.  For  fail¬ 
ure  to  perform  such  duties  he  shall  be  subject 
to  removal  by  the  governor,  for  cause,  upon  due 
notice  and  an  opportunity  to  defend. 

Section  1569 — 6.  It  shall  be  the  duty  of  all 
district  attorneys,  sheriffs,  deputy  sheriffs,  con¬ 
stables  and  other  executive  law  enforcement 
officers  to  aid  and  assist  said  prohibition  com¬ 
missioner  or  his  deputies  in  the  enforcement  of 
the  provisions  of  this  act. 

Section  1569 — 7.  It  shall  be  the  duty  of  the 
prohibition  commissioner  to  designate  and  is¬ 
sue*  a  permit  (which  permit  may  be  revoked  for 
cause)  to  one  or  more  persons  in  each  munici¬ 
pality  in  this  state  who  shall  be  authorized  to 
have  in  possession  and  sell  under  such  general 
rules  and  regulations  as  he  may  prescribe,  alco¬ 
hol,  vinous,  spirituous  or  malt  liquors  contain¬ 
ing  in  excess  of  two  and  one-half  percentum  of 
alcohol  by  weight  to  be  used  exclusively  for 
medicinal,  mechanical,  scientific  and  sacramen¬ 
tal  purposes.  The  person  so  designated  shall 
execute  a  bond  in  the  penal  sum  of.  one  thou¬ 
sand  dollars  for  the  faithful  compliance  with 
the  rules  and  regulations  so  prescribed  by  the 
prohibition  commissioner  with  reference  to  the 
possession  and  sale  of  any  such  liquors.  In  the 
event  of  failure  to  comply  strictly  therewith  the 
amount  of  said  bond  shall  be  forfeited  to  the 
state  of  Wisconsin  and  in  addition  the  persoil 
so  offending  shall  be  liable  to  all  other  penalties 
herein  prescribed. 


[  5  ] 


Section  1569 — 8.  No  person  who  shall  keep 
or  have  in  possession  for  retail  sale  non-intox¬ 
icating  beverages  as  defined  in  section  1569 — 3 
hereof  shall  at  any  time  have  in  his  possession 
or  under  his  control  in  the  building  in  which 
he  conducts  his  business  or  selling  or  dispens¬ 
ing  any  such  beverages  any  intoxicating  liquor 
as  defined  in  said  section.  The  prohibition  com¬ 
missioner  or  his  deputies  shall  have  the  right 
of  access  at  all  reasonable  hours,  without  no¬ 
tice,  to  the  premises  occupied  by  any  such  retail 
dealer  in  non-intoxicating  beverages,  to  investi¬ 
gate  if  this  provision  is  being  violated. 

Section  1569 — 9.  No  place  in  which  non-in¬ 
toxicating  drinks  or  beverages,  as  defined  in 
section  1569—3  hereof,  are  sold  or  dispensed  for 
consumption  upon  the  premises  where  sold, 
shall  maintain  a  standing  bar  or  counter  at 
which  any  such  drinks  or  beverages  containing 
alcohol  in  any  degree  are  permitted  to  be  drank 
or  consumed  by  the  purchaser. 

Section  1569 — 10.  The  common  council  of 
cities,  the  village  board  of  villages  and  the  town 
board  of  towns  for  the  purpose  of  regulating 
and  enforcing  the  sanitary  conduct  of  places  in 
which  non-intoxicating  beverages  as  defined  in 
section  1569 — 3  hereof  are  manufactured  or  sold 
may  pass  ordinances  fixing  the  terms  and  condi¬ 
tions  under  which  such  places  may  be  con¬ 
ducted  and  operated  and  may  limit  the  number 
of  such  places,  and  the  locations  at  which  such 
business  or  any  part  thereof  may  be  conducted, 
and  may  require  that  any  person  who  wishes 
to  operate  any  such  business  shall  first  procure 
a  permit  (wlr.ch  permit  may  be  revoked  for  fail¬ 
ure  to  comply  with  the  conditions  of  this  act 
or  any  ordinances  relating  to  said  business.) 

[  6  ] 


A  fee  of  not  more  than  One  Hundred  Dollars 
per  annum  may  be  exacted  before  the  granting 
of  such  permit  and  shall  be  payable  in  such 
amounts  and  at  such  times  as  may  be  fixed  by 
ordinance.  The  commodities  to  be  sold  under 
such  permit  may  be  separated  into  classes  and 
a  separate  fee  may  be  exacted  for  each  class  not 
exceeding  in  all  the  maximum  of  One  Hundred 
Dollars. 

It  shall  be  the  duty  of  the  treasurer  of  each 
town,  village  or  city  in  this  state  wherein  a  fee 
is  collected  for  a  permit  as  herein  provided,  to 
remit  to  the  state  treasurer  within  sixty  days 
after  such  fee  is  collected  five  per  cent  of  the 
total  amount  collected,  and  such  moneys  when 
so  received  by  the  state  treasurer  shall  be  set 
aside  and  constitute  a  separate  fund  for  the 
payment  of  salaries  and  other  expenses  of  the 
prohibition  commissioner,  and  in  carrying  on 
the  work  connected  with  the  enforcement  of 
this  act. 

Section  1569 — 11.  Whenever  a  number  of  the 
qualified  electors  of  any  town,  village  or  city 
equal  to  or  more  than  ten  percentum  of  the 
number  of  votes  cast  therein  for  governor  at 
the  last  general  election  shall  present  to  the 
clerk  thereof  a  petition  in  writing  signed  by 
them  praying  that  the  electors  thereof  may 
have  submitted  to  them  the  question  whether 
or  not  any  permit  shall  be  issued  under  the 
provisions  of  this  act  to  sell  any  non-intoxicat¬ 
ing  beverages  as  defined  in  section  3  hereof, 
containing  alcohol  in  any  degree  whatsoever  as 
a  beverage  and  shall  file  such  petition  with  the 
clerk  at  least  two  weeks  prior  to  the  first  Tues¬ 
day  of  April  next  succeeding,  such  clerk  shall 
forthwith  make  an  order  providing  that  such 


question  shall  be  submitted  on  the  first  Tuesday 
of  April  next  succeeding  the  date  of  such  order. 
The  city  clerk  making  such  order  shall  give  no¬ 
tice  of  the  election  to  be  held  on  such  question 
in  the  manner  notice  is  given  for  the  regular 
•city  election;  town  and  village  clerks  who  make 
such  orders  shall  give  notice  by  posting  written 
or  printed  notices  in  at  least  five  public  places 
in  the  town  or  village  not  less  than  two  weeks 
before  the  day  of  election.  The  election  on  such 
question  shall  be  held  and  conducted  and  the 
returns  canvassed  in  the  manner  in  which  elec¬ 
tions  in  such  city,  town  or  village  on  other 
questions  are  conducted  and  the  returns  there¬ 
of  canvassed.  The  result  shall  be  certified  by 
the  canvassers  immediately  upon  the  determin¬ 
ation  thereof  and  be  entered  upon  the  records 
of  the  town,  village  or  city,  and  shall  remain  in 
effect  until  another  election  is  held  for  the 
same  purpose. 

The  ballots  upon  the  question  so  submitted 
shall  be  deposited  in  a  separate  box  in  each 
town  and  election  district  and  shall  contain  the 
words  ‘‘For  permit”  and  “Against  permit”  and 
shall  otherwise  conform  with  the  provisions  of 
subsection  8  of  section  6.23.  If  a  majority  of 
the  ballots  cast  upon  such'  question  be  “Against 
permit”,  then  it  shall  be  unlawful  for  any  per¬ 
son  to  sell  or  traffic  in  any  of  the  beverages  de¬ 
fined  in  section  1569 — 3  of  this  act  as  non-intox¬ 
icating  which  contain  any  alcohol  whatsoever 
in  the  town,  village  or  city  so  voting  “Against 
permit”  and  any  permit  granted  or  issued 
therein  so  long  as  the  result  of  such  election 
shall  remain  unreversed  by  another  election 
held  for  the  same  purpose  shall  be  void,  but  if 
a  majority  of  the  ballots  so  cast  shall  be  “For 
[  8  ] 


permit”,  it  shall  be  lawful  far  the  town  board, 
village  trustees  or  common  council,  as  the  case 
may  be,  to  grant  permit  for  the  sale  of  such 
beverages. 

The  provisions  of  this  act  shall  not  authorize 
the  sale  of  beverages  containing  alcohol  in  any 
town,  village  or  city  in  this  state  where  such 
sale  is  now  illegal  until  an  election  shall  have 
been  had  under  the  provisions  hereof  permit¬ 
ting  such  sale  under  the  conditions  in  this  act 
prescribed. 

Section  1569 — 12.  Manufacturers  and  chem¬ 
ists  who  use  alcohol  for  industrial  and  scientific 
purposes  or  in  the  manufacture  of  products  not 
suitable  for  use  as  an  intoxicating  beverage,  su¬ 
perintendents  of  hospitals,  museums,  laborato¬ 
ries,  educational  institutions,  dentists,  physi¬ 
cians  and  persons,  for  lawful  purposes,  may 
secure  a  permit  from  the  prohibition  commis¬ 
sioner,  authorizing  the  purchase  and  possession 
of  alcohol  and  liquors  for  the  purposes  permit¬ 
ted  by  this  act,  upon  making  due  application 
therefor  in  accordance  with  such  rules  and  re¬ 
quirements  as  the  prohibition  commissioner 
may  promulgate,  and  upon  filing  a  bond  in  such 
sum,  not  to  exceed  two  thousand  dollars,  as  in 
the  discretion  of  the  prohibition  commissioner 
shall  be  required,  conditioned  that  said  alcohol 
and  other  liquors  will  be  used  only  for  the  pur¬ 
poses  stated  in  the  application  and  permit  and 
in  accordance  with  law.  Such  permit  may  be 
revoked  by  the  prohibition  commissioner  if  the 
conditions  thereof  are  not  complied  with,  after 
notice  is  given  to  the  holder  of  such  permit  to 
appear  before  said  prohibition  commissioner 
and  show  cause  why  such  permit  should  not  be 
revoked. 

[  9  ] 


Section  1569—13.  This  act  shall  not  be  con¬ 
strued  to  authorize  the  .confiscation  or  seizure 
or  make  unlawful  the  possession  of  liquors  de¬ 
fined  in  section  1569 — 3  hereof  as  intoxicating 
liquor,  owned  by  individuals  and  possessed  and 
kept  for  the  individual  use  of  the  owners  there¬ 
of  at  the  time  this  act  becomes  operative;  pro¬ 
vided  such  liquors  were  lawfully  purchased 
prior  thereto  for  private  purposes  and  not  for 
purposes  of  unlawful  sale,  but  all  such  liquors 
kept  by  retail  dealers  in  non-intoxicating  bev¬ 
erages  as  defined  in  said  section  and  on  hand 
in  the  building  where  such  business  is  con¬ 
ducted  at  the  time  this  act  becomes  operative, 
or  at  any  time  subsequent  thereto,  shall  be 
deemed  contraband  and  subject  to  seizure  by 
the  prohibition  commissioner. 

Section  1569 — 14.  In  addition  to  the  powers 
and  duties  conferred  upon  the  prohibition  com¬ 
missioner  by  this  act,  he  is  authorized  and  em¬ 
powered  to  make  other  and  further  reasonable 
rules  and  regulations  relative  to  the  possession 
and  sale  of  intoxicating  liquors  or  drinks  as  a 
beverage  as  herein  defined,  general  in  their  ap¬ 
plication,  not  inconsistent  herewith,  for  the  en¬ 
forcement  of  the  provisions  of  this  act,  and  all 
such  rules,  and  regulations,  including  those 
herein  specifically  enumerated,  shall  have  the 
force  and  effect  of  law. 

Section  1569 — 15.  All  alcohol  and  intoxicat¬ 
ing  liquor  as  defined  in  section  1569 — 3  hereof 
shipped  or  carried  into  this  state  for  any  lawful 
purpose  or  use  permitted  by  the  terms  hereof 
shall  be  plainly  labeled  on  the  outside  describ¬ 
ing  the  nature  and  character  of  the  liquor,  the 
name  of  the  consignee  and  consignor  in  plain 
letters  in  the  English  language.  All  such  liq- 
[  10  ] 


uors  not  so  labeled  shall  be  forfeited  to  the  state 
and  be  subject  to  confiscation  by  the  prohibi¬ 
tion  commissioner  and  by  him  delivered  to  pub¬ 
lic  state  institutions  for  medicinal,  mechanical 
or  scientific  use. 

Section  1569 — 16.  Premises  occupied  by  the 
owner  or  by  a  tenant  whereon  intoxicating  liq¬ 
uors  are  sold  contrary  to  the  provisions  of  this 
act  are  declared  a  nuisance  and  may  be  abated 
in  an  action  brought  in  the  name  of  the  state 
on  complaint  of  any  citizen.  No  such  action 
shall  be  maintained  with  respect  to  premises 
occupied  by  a  tenant  of  the  owner  until  notice 
of  such  violation  of  law  is  first  given  the  owner 
and  he  has  an  opportunity  to  evict  such  tenant. 
Proceedings  for  such  eviction  must  be  insti¬ 
tuted  within  ten  days  after  notice  and  promptly 
prosecuted  to  judgment  or  any  citizen  may  In¬ 
tervene  or  begin  such  action  in  the  name  of  the 
state  and  prosecute  the.  same.  Upon  final  judg¬ 
ment  that  such  nuisance  exists,  that  part  of  the 
premises  so  used  in  violation  of  law  shall  be 
abated  and  an  injunction  issued  permanently 
restraining  their  use  for  any  purpose  contrary 
to  law  and  the  owner  may  be  required  to  give 
bond  in  such  sum  as  the  court  may  deem  ad¬ 
equate  that  said  premises  or  the  part  thereof 
so  abated  and  declared  a  nuisance  will  not 
thereafter  be  used  for  the  sale  of  intoxicating  - 
liquors. 

Section  1569 — 17.  No  person  shall  advertise, 
sell,  deliver  or  have  in  possession  any  prepara¬ 
tion,  compound  or  tablet  manufactured  for  the 
purpose  of  adding  the  same  to  or  mixing  the 
same  with  a  non-intoxicating  beverage  or  drink 
from  which  intoxicating  liquors  as  defined  in 
section  1569 — 3  hereof  can  be  made,  unless  he 
[  11  ] 


lias  a  permit  from  the  prohibition  commissioner 
authorizing  such  possession,  sale  or  advertise¬ 
ment* 

Section  1569 — 18.  The  provisions  of  this  act 
shall  not  be  construed  to  prevent: 

(1)  The  manufacture,  sale  and  keeping  and 
storing  for  sale  by  any  person  having  a  permit 
of  any  medical  preparation  manufactured  in 
accordance  with  formulae,  prescribed  by  the 
United  States  Pharmacopoeia  or  national  for¬ 
mulary  or  any  patent  or  proprietory  remedy  in 
conformity  with  the  laws  of  this  state,  unless 
such  medical  preparations  are  suitable  for  bev¬ 
erage  purposes. 

(2)  The  manufacture  and  sale  of  toilet,  med¬ 
ical  and  antiseptic  preparations  or  solutions 
neither  designed  nor  sold  for  use  as  beverages. 

(3)  The  manufacture,  keeping  for  sale  or  sell¬ 
ing  of  flavoring  extracts  manufactured  or  sold 
for  culinary  or  flavoring  purposes  only. 

(4)  Any  person  having  a  permit  who  is  a 
manufacturer  of  flavoring  extracts  or  toilet, 
medicinal,  antiseptic  preparations  or  solutions, 
patent  or  proprietory  medicines  or  prepara¬ 
tions,  from  purchasing,  possessing,  transport¬ 
ing  and  storing  alcohol  necessary  for  the  man¬ 
ufacture  of  such  articles. 

Section  1569 — 19.  Any  person  who  shall 

vend,  sell,  deal  or  traffic  in,  or  for  the  purpose 
of  evading  any  law  of  this  state,  give  away  in¬ 
toxicating  liquor  as  herein  defined,  except  as 
herein  provided,  or  violate  any  other  provision 
hereof  or  any  lawful  order  made  under  the  pro¬ 
visions  of  this  act,  shall  be  guilty  of  a  misde¬ 
meanor  and  upon  conviction  shall  be  fined  not 
less  than  one  hundred  dollars  or  more  than  five 
hundred  dollars  or  by  imprisonment  not  exceed- 
[  12  ] 


ing  six  months  or  by  both  such  fine  and  impris¬ 
onment  in  the  discretion  of  the  court.  And  in 
the  event  of  a  second  conviction  for  any  such 
offense  within  one  year  may  be  punished  by  a 
penalty  equal  to  double  the  maximum  penalty 
prescribed  for  a  first  offense. 

Section  1569 — 20.  There  is  hereby  appropri¬ 
ated  a  sufficient  sum  to  provide  for  the  payment 
of  salaries  and  compensation  of  said  prohibition 
commissioner,  his  deputies,  and  employes,  and 
to  carry  this  act  into  effect,  not  exceeding  fif¬ 
teen  thousand  dollars  in  all  in  any  one  year. 

Section  1569 — 21.  If  at  any  time  after  the 
passage  of  this  act  the  eighteenth  amendment 
to  the  constitution  of  the  United  States  shall 
become  void  and  of  no  effect,  then  in  such  case 
and  from  the  date  said  amendment  is  declared 
to  be  or  becomes  void  and  of  no  effect  this  act 
shall  be  null  and  void  and  the  provisions  of 
chapter  66  herein  referred  to  in  section  1  hereof 
shall  again  become  operative  and  of  full  force 
and  effect. 

Section  1569 — 22.  If  any  of  the  provisions  of 
this  act  shall  be  held  to  be  invalid  all  other 
provisions  of  the  same  which  are  not  so  express¬ 
ly  held  to  be  invalid  shall  continue  in  full  force 
and  effect. 

Section  3.  This  act  shall  be  in  force  and 
effect  on  passage  and  publication  on  and  after 
January  16,  1920,  and  continue  in  force  and 
effect  to  and  including  January  1,  1921. 

The  prohibition  commissioner  shall  have  pow¬ 
er  to  enforce  the  provisions  of  this  act  and  all 
other  acts  relative  to  intoxicating  liquor,  and  it 
shall  be  his  duty  and  the  duty  of  all  peace  offi¬ 
cers  of  the  state,  to  make  complaints  and  insti¬ 
tute  prosecutions  for  a  violation  of  the  same, 

[  13  ] 


and  all  such  officers  and  any  citizen  may  on 
information  and  belief  make  complaint  before 
any  magistrate  or  court  to  the  effect  that  pro¬ 
visions  of  this  act  are  being  violated  and  that 
intoxicating  liquors  are  being  kept  for  purposes 
of  unlawful  sale  at  a  particular  place  to  be  des¬ 
ignated,  and  pray  mg  that  a  warrant  may  be 
issued  to  search  the  premises  where  said  intox¬ 
icating  liquors  are  so  being  kept  and  seize  the 
same,  and  upon  filing  any  such  complaint  a 
warrant  may  issue  commanding  the  officer  to 
search  the  premises  and  seize  any  and  all  liq¬ 
uors  believed  to  be  intoxicating  and  bring  the 
same  before  the  court  for  further  proceedings 
according  to  law.  The  procedure  shall  be  sub¬ 
stantially  the  same  as  the  procedure  provided 
for  search  warrants  in  larceny  cases  and  such 
liquors  shall  be  subject  to  such  disposition  as 
the  prohibition  commissioner  may  order. 

Section  4.  The  question  whether  the  provi¬ 
sions  of  this  act  shall  continue  to  be  in  force 
and  effect  from  and  after  January  1,  1921,  shall 
be  submitted  to  the  people  of  this  state  in  the 
manner  provided  by  law  for  the  submission  of 
an  amendment  to  the  constitution  at  the  elec¬ 
tion  to  be  held  on  the  first  Tuesday  after  the 
first  Monday  in  November,  1920.  If  approved 
by  a  majority  of  the  votes  cast  upon  that  ques¬ 
tion,  it  shall  continue  of  force  and  effect  from 
and  after  January  1,  1921,  otherwise  it  shall 
cease  to  be  of  force  and  effect  and  become  null 
and  void. 

Upon  the  ballot  shall  be  printed:  “Shall 

chapter - ( insert  on  the  ballot  the  number 

of  the  chapter)  of  the  laws  of  1919  entitled 
(insert  the  title  of  the  act)  be  continued  of 
force  and  effect?”. 


[  14  1 


Section  5.  This  act  takes  effect  as  above  pro¬ 
vided,  subject,  however,  to  all  provisions  herein 
contained  for  its  submission  to  the  people  for 
their  ratification  or  rejection. 


CHAPTER  685,  LAWS  OF  1919 


An  Act 

To  create  section  1569 — 23  of  the  statutes,  relat¬ 
ing  to  the  sale  of  non-intoxicating  beverages 
as  defined  in  chapter  556,  of  the  laws  of  1919,. 
and  providing  a  penalty. 

Section  1.  A  new  section  is  added  to  the 
statutes  to  read:  Section  1569 — 23.  1.  No  per¬ 

son  shall  sell,  vend,  or  traffic  in  fermented  malt 
or  vinous  non-intoxicating  beverages  as  defined 
in  chapter  556,  laws  of  1919,  without  a  permit 
as  provided  in  said  act,  the  minimum  fee  for 
which  shall  be  fifty  dollars.  All  such  permits 
shall  be  issued  by  the  town,  village  or  city 
clerks  and  shall  designate  the  premises  for 
which  such  permit  is  granted  and  shall  expire 
on  the  first  day  of  July  next  after  their  issu¬ 
ance. 

2.  The  provisions  of  subsections  5  and  7  of 
section  1548  and  sections  1548m,  1557,  1557a, 
1557m,  1557n,  1557o,  1564,  1565d,  1565dd,  1565f 
to  15651,  inclusive,  and  1566  to  1569,  inclusive, 
of  chapter  66,  statutes  of  Wisconsin,  1917,  any¬ 
thing  in  chapter  556,  laws  of  1919,  to  the  con¬ 
trary  notwithstanding  are  hereby  revived  and 
continued  in  full  force  and  effect  and  made 
applicable  so  far  as  consistent  with  the  provi- 
[15] 


sions  of  said  chapter  556,  laws  of  1919,  to  the 
granting  of  permits  for  the  sale  of  fermented 
malt  and  vinous  non-intoxicating  beverages  un¬ 
der  the  provisions  of  said  chapter  556,  laws  of 
1919. 

3.  Any  person  violating  any  of  the  provisions 
of  this  section  shall  upon  conviction  be  pun¬ 
ished  as  provided  by  section  1569 — 19  of  chapter 
556,  laws  of  1919,  unless  ‘otherwise  specifically 
provided  in  the  sections  herein  revived,  and  his 
permit  may  be  forthwith  revoked  in  the  discre¬ 
tion  of  the  court. 

Section  2.  This  act  shall  take  effect  on  the 
sixteenth  day  of  January,  1920,  after  passage 
and  publication,  and  continue  in  force  and  ef¬ 
fect  as  long  as  chapter  556,  laws  of  1919,  is  in 
force  and  effect. 


[  16  ] 


